Vacating Summary Judgment Process

You have a strong basis for seeking to vacate the summary judgment.
- File a motion to vacate the judgment.
- Present your gathered evidence of the defendant's false statements.
- Demonstrate how these lies impacted the case outcome.
Do you need help with the process of filing the motion?

Certainly! Here’s a sample letter you can use to request the court to vacate the summary judgment:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: [Your Case Name and Number]
Motion to Vacate Summary Judgment
Dear Judge [Judge's Last Name],
I am writing to respectfully request that the court vacate the summary judgment entered in the above-referenced case. I have recently discovered that the defendant knowingly provided false statements to the court, which significantly influenced the judgment.
I have gathered substantial evidence demonstrating the defendant's falsehoods and their direct impact on the outcome of this case. I believe that justice was not served due to the reliance on these false statements.
Enclosed with this letter, you will find:
*. A motion to vacate the summary judgment.
*. Evidence supporting the claim of false statements made by the defendant.
*. A detailed explanation of how these false statements affected the case outcome.
I kindly request a hearing on this matter at thecourt’s earliest convenience. Your consideration in vacating the summary judgment will ensure that the case is evaluated fairly and justice is properly served.
Thank you for your attention to this serious matter.
Sincerely,
[Your Full Name]
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Would you like guidance on filing the motion or any other part of the process?

To file a motion to vacate the summary judgment, follow these steps:
*. Draft the Motion: Include the case details, the reason for vacating the judgment, and the evidence supporting your claim.
*. Attach Evidence: Gather and attach all evidence showing the defendant's false statements.
*. File the Motion: Submit the motion and evidence to the court clerk.
*. Serve the Defendant: Serve a copy of the motion to the defendant.
Do you need help with drafting the motion?

Sure! Here's a draft motion to vacate a summary judgment:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: [Your Case Name and Number]
Motion to Vacate Summary Judgment
Dear Judge [Judge's Last Name],
I am the plaintiff/defendant in the above-referenced case and am writing to respectfully request that the court vacate the summary judgment entered on [date of judgment].
*. Grounds for Motion: I have discovered substantial evidence indicating that the defendant knowingly provided false statements to the court, which materially influenced the judgment rendered in this case.
*. Evidence of False Statements: Enclosed with this motion are the following pieces of evidence:
- [Description of Evidence *]
- [Description of Evidence *]
- [Description of Evidence *]
*. Impact on the Outcome: These false statements were pivotal in the court's decision to grant summary judgment. Had the truth been known, theoutcome of the case would likely have been different.
*. Request for Hearing: I kindly request a hearing to present this evidence and further argue why the summary judgment should be vacated.
I believe that justice requires that this case be reconsidered in light of the newly discovered evidence of perjury by the defendant. I respectfully ask the court to vacate the summary judgment and allow the case to proceed to a full trial.
Thank you for your attention to this matter.
Sincerely,
[Your Full Name]
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Would you like any additional information or guidance on the next steps?